The township hereby establishes a benefit system for its employees.

(Ord. No. 98, § 1, 6-19-78)

The township may contract with any insurance company authorized to transact business within the state for purposes of this article.

(Ord. No. 98, § 2, 6-19-78)

The township may contract with any such company granting annuities or pensions for retirement benefits for its officers and employees and for such purposes may pay any part of the premiums or charges for such insurance, prepayment plan coverage, annuities or pensions.

(Ord. No. 98, § 4, 6-19-78)

The township may make arrangements with any prepayment plans authorized to transact business within the state, insuring and covering its elected or appointed officers and employees or any classes thereof under policies of group insurance or prepayment plan contracts, or both, covering life, health, hospitalization, medical and surgical service and expense and accident insurance, or any one or more of such forms of insurance or prepayment plan coverage including hospitalization and medical and surgical expense insurance or prepayment plan coverage for dependents of such officers and employees.

(Ord. No. 98, § 3, 6-19-78)

Notwithstanding any other provision of law, the proper disbursing officer of the township may deduct from officer's or employees' pay, salary or compensation such part of the premium or charge as is payable by the officer or employee.

(Ord. No. 98, § 5, 6-19-78)

Any contract of insurance or arrangement for prepayment plan coverage procured pursuant to this article may provide that each elected or appointed officer or employee becoming eligible for insurance or coverage thereunder shall become insured or covered automatically when he becomes eligible, subject to any actively-at-work requirements specified in the contract or arrangement. If the insurance or coverage under the contract or arrangement requires contributions from the individual, any individual desiring not to be so insured or covered shall give written notice to his employing office that he desires not to be insured or covered, and if the notice is received before the individual has become insured or covered under the contract or arrangement, he shall not be insured or covered thereunder. If the notice is received after the individual has become insured or covered his insurance or coverage under the contract or arrangement shall cease as provided for in the contract or arrangement.

(Ord. No. 98, § 6, 6-19-78)

The provisions of this article shall not affect the validity of any retirement program or contract of group insurance or arrangement for prepayment plan coverage previously entered into by the township.

(Ord. No. 98, § 7, 6-19-78)

This division shall be known and may be cited as the pension board ordinance.

(Ord. No. C-646, § 1, 5-5-03)

The purpose and intent in adopting the ordinance contained in this division is to create a representative pension board to administer or assist in the administration of the township's retiree health care fund, the defined benefit and defined contribution, and the deferred compensation employee, retirement plans that have been or may be separately established and provided for by the township board.

(Ord. No. C-646, § 1, 5-5-03; Ord. No. C-646-A, § 1, 11-3-03; Ord. No. C-646-C, § 1, 9-13-04; Ord. No. C-773, § 1, 3-18-13)

(a)

The West Bloomfield Township Pension Board, to be known by that name and consisting of five (5) members shall be established as a separate legal entity, to have and discharge the duties, responsibilities and authority as provided in this division.

(b)

The members of the pension board shall be: (1) the township treasurer; (2) the township budget and pension manager; (3) an at large resident of the township appointed by the township board; (4) a representative elected by the township's public safety (sworn police and fire personnel and dispatchers) employees; and (5) a representative elected by the township's general (other than public safety) employees.

(c)

The township clerk shall notify the township's public safety and general employees of their entitlement and need to elect the initial or subsequent representative to the pension board and shall conduct the elections of those representatives. Upon completion of those elections and the township board making its appointment of the at large resident, the township clerk shall notify all pension board members of the date, time and location of the pension board's first meeting.

(Ord. No. C-646, § 1, 5-5-03; Ord. No. C-646-B, § 1, 3-1-04; Ord. No. C-791, § 1, 3-24-14; Ord. No. C-791-A, § 1, 1-17-17; Ord. No. C-791-B, § 1, 11-8-21; Ord. No. C-791-C, § 1, 6-12-23)

(a)

To be eligible for election as a public safety employee or general employee representative on the pension board, the employee must, at the time of election, be fully or partially vested in a township pension plan. Prior to serving on the pension board, each member shall take an oath of office administered by the township clerk.

(b)

To remain eligible to serve on the pension board will require attendance at scheduled meetings, participation in the training that will be offered and provided and compliance with any other standards the pension board may establish in rules that are reviewed and approved by resolution of the township board. In the absence of an alternative standard in the approved rules, a pension board member that without cause approved by the pension board, fails to attend at least seventy-five (75) percent of the pension board meetings in any one-year period or fails to participate in training that is offered and available, is subject to removal by resolution of the township board, after notice and an opportunity to be heard and the township board's consideration of any recommendation on the removal from the pension board.

(c)

Subject to the provisions in this subsection for the staggering of terms, the term of office for elected and appointed members of the pension board shall be three (3) years, with the initial terms of the members first elected or appointed being from the date of the pension board's first meeting through June 30, 2006. Notwithstanding the three-year term, an elected or appointed member may serve on the pension board until he or she or a new representative is elected or appointed. The terms of office that commence July 1, 2006, shall be three (3) years for the public safety member, two (2) years for the at large resident member appointed by the township board and one (1) year for the general employee member, with all subsequent terms to be for three (3) years.

(d)

Vacancies shall be filled for the balance of a term by the same election or appointment as applied to the position being filled. Should the positions of township treasurer or finance director be vacant, the township board shall appoint a representative to serve on the pension board in his/her place.

(e)

The at large resident of the township appointed by the township board shall be the only pension board member entitled to separate compensation for meeting attendance, with the amount to be as established by resolution of the township board.

(Ord. No. C-646, § 1, 5-5-03; Ord. No. C-646-B, § 1, 3-1-04; Ord. No. C-646-D, § 1, 5-8-06; Ord. No. C-791, § 2, 3-24-14; Ord. No. C-791-A, § 2, 1-17-17)

Editor's note— Section 4 of Ord. No. C-791 states: "This Ordinance shall take effect November 20, 2016."

(a)

The pension board shall hold its first meeting as provided in subsection 2-128(c). Thereafter, the pension board shall meet at least once each year and more frequently on a regular meeting schedule that is determined by the pension board. Special meetings shall be scheduled: (i) by the pension board chairperson with the concurrence of at least one (1) other pension board member; or (ii) by the pension board chairperson upon the written request of at least three (3) pension board members. All pension board meetings shall be subject to and conducted in accordance with the Open Meetings Act, Public Act No. 267 of 1976, as amended.

(b)

Three (3) members of the pension board shall constitute a quorum for the transaction of business, with two (2) members having the authority to reschedule a meeting at which a quorum is not present. Each pension board member shall be entitled to one (1) vote on each issue or question considered, with the affirmative vote of at least three (3) pension board members required for a valid action of the pension board unless otherwise provided in this division.

(c)

The pension board meetings shall be conducted consistent with Robert's Rules of Order, newly revised, subject to any modifications the pension board may make as part of its own rules of procedure that may be adopted after township board review and approval.

(d)

The pension board shall keep a written record of its proceedings and all actions taken or considered, including minutes of meetings as required by the Open Meetings Act. Copies shall be provided to and maintained in the township clerk's office.

(Ord. No. C-646, § 1, 5-5-03; Ord. No. C-646-A, § 1, 11-3-03)

(a)

The pension board shall elect from its members, a chairperson, vice-chairperson and secretary to serve for one (1) year terms. The chairperson shall preside at meetings. In the chairperson's absence, the vice-chairperson shall preside and if both are absent, the secretary shall preside. The chairperson and either the vice-chairperson or secretary shall sign all pension board contracts. With the assistance of township staff as provided in subsection (b), the secretary shall be responsible for keeping and maintaining the records of the pension board.

(b)

The pension board shall be assisted and supported by recording secretary provided by the township to record and prepare minutes of pension board meetings and such other township personnel as may be requested by the pension board and approved by the township board by separate resolution or as part of its review and approval of the pension board's budget as provided in section 2-132.

(c)

Subject to the budget provisions in section 2-132, the pension board shall have the authority, by written contract, to retain the services of independent contractors as are necessary for the pension board to fulfill its duties and responsibilities under this division, including attorneys, accountants, actuaries and other pension or retirement consultants.

(Ord. No. C-646, § 1, 5-5-03)

(a)

All legally authorized costs and expenses of the pension board and its actions shall be paid from the plans and funds being administered.

(b)

In addition to costs and expenses authorized in other sections of this division and subject to the budget provisions in subsection (c), the pension board is authorized to incur costs and expenses for the training and continuing education of its members, professional liability insurance, supplies and other items necessary for the pension board to fulfill its duties and responsibilities.

(c)

The pension board shall only be authorized to expend money or incur costs and expenses pursuant to a township board approved budget. The pension board's fiscal year shall be the same as the township's, January 1 through December 31. By September 1 of each year, the pension board shall submit its proposed budget for the following year to the township board for review, possible modification, and approval. The proposed budget shall identify all items and amounts of cost and expense, including a description of the item and identity, if known, of the person or entity to whom payments would be made. Township board approval of a pension board budget shall serve as authorization for the pension board to incur the costs and expenses as disclosed. The pension board may request township board approval of budget amendments. For the year 2003, at its first meeting, the pension board shall prepare or direct the preparation of a budget for the balance of the year for submission to the township board for approval as provided in this subsection.

(Ord. No. C-646, § 1, 5-5-03)

In addition to the budget responsibilities in section 2-132 and specific assignments or requests that may be made from time to time by resolution of the township board, the duties, responsibilities and authority of the pension board are to administer the township's plans and funds identified in section 2-127, which includes the following:

(a)

Contracting for plan or fund related services including actuaries, attorneys, accountants and other necessary consultants or services.

(b)

Approval of guidelines, policies and procedures for investments and asset allocation.

(c)

Approval of fund consultants and managers.

(d)

Assisting with processing and approval of benefits and payments.

(e)

Adoption of policies that are in addition to and not inconsistent or in conflict with policies established by the township toard in the employee manual, a collective bargaining agreement or otherwise.

(f)

Implementation of policies identified in subsection (e) above.

(g)

Review and acceptance of reports on investments and vendor performance and all actuarial reports.

(h)

Compliance with governmental reporting requirements and accounting for fund receipts and disbursements.

(i)

Communications with employees regarding the plans and funds being administered.

(j)

Other duties, responsibilities and authority identified in this division.

(Ord. No. C-646, § 1, 5-5-03; Ord. No. C-646-A, § 1, 11-3-03; Ord. No. C-646-C, § 1, 9-13-04)

The pension board does not have the authority to do any of the following, with any actions or contracts that do so being absolutely void:

(a)

To alter, amend or waive any definition, standard, term or condition of any employee manual, collective bargaining or other labor agreement, plan document or other township board approved plan or fund ordinance, resolution or determination.

(b)

To grant or extend benefit payments or periods beyond those established in any employee manual, collective bargaining or other labor agreement, plan document or other township board approved plan or fund ordinance, resolution or determination.

(Ord. No. C-646, § 1, 5-5-03; Ord. No. C-646-A, § 1, 11-3-03; Ord. No. C-646-C, § 1, 9-13-04)

The pension board shall provide a copy of each set of approved minutes, each contract it enters into and each report it receives to the township clerk for distribution to the township board. In addition to those submissions and its annual budget submittal under section 2-132, by March 31 of each year, the pension board shall provide the township board an annual report for the prior calendar year, containing information regarding the financial, actuarial and other activities of the pension board and township plans and funds being administered.

(Ord. No. C-646, § 1, 5-5-03; Ord. No. C-646-C, § 1, 9-13-04)

The Charter Township of West Bloomfield Municipal Ordinance Violation Bureau is hereby created with the authority to accept admission(s) of responsibility and the payment of fine(s) based upon the notice of violation of any West Bloomfield Township Code section designated a municipal civil infraction as provided in Section 8707(6) of the Public Act 12 of the Public Acts of 1994 (MCL 600.8707(6)) the provisions of which are hereby incorporated by reference under the authority of Section 23 of Public Act 359 of the Public Acts of 1947, as amended (MCL 42.23). The operation of the municipal ordinance violation bureau shall be set by the township board. All officers and employees of the township authorized to issue appearance tickets under the Code are hereby designated authorized local officials as the term is defined in Section 8701 of Public Act 12 of the Public Acts of 1994 (MCL 600.8701) and authorized to issue municipal civil infraction citations and notices of municipal civil infraction violations.

(Ord. No. C-663, § 1, 11-17-03)

This division is adopted pursuant to the authority granted the township board of trustees under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et seq., and the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101 et seq., as amended, to establish a planning commission with the powers, duties and limitations provided by those Acts.

(Ord. No. C-750, § 1, 6-27-11)

The purpose of this division is for the township board of trustees to confirm the establishment, under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et seq., of the township planning commission, formerly established under the Township Planning Act, Public Act 169 of 1959, MCL 125.321 et seq., to establish the appointments, terms and membership of the planning commission; to identify the officers and the minimum number of meetings per year of the planning commission; and to prescribe the authority, powers and duties of the planning commission as provided in and subject to the terms and conditions of this division.

(Ord. No. C-750, § 1, 6-27-11)

There shall be a township planning commission in accordance with the Michigan Planning Enabling Act, Act 33 of 2008, as amended, with the powers and duties as therein set forth and as hereinafter provided. This division shall be officially known and described as the "Planning Commission Ordinance."

(Ord. No. C-750, § 1, 6-27-11)

(a)

The planning commission shall consist of seven (7) members. Members of the planning commission shall be appointed by the township supervisor subject to approval by the majority vote of the members of the township board elected and serving, with the planning commission members serving when the ordinance from which this division derives takes effect to continue as the members of the planning commission hereby established.

(b)

The term of each member shall be three (3) years, and until a successor is appointed and qualified, except that any township board member appointed as a member of the planning commission shall have a term corresponding with that person's term as a member of the township board. The duration of the terms of members first appointed to the planning commission shall vary, though not exceeding three (3) years, so that terms will expire in different years. Vacancies in office shall be filled for the remainder of the unexpired term. The existing terms of planning commission members are continued.

(c)

The membership of the planning commission shall be representative of important segments of the community, such as the economic, governmental, educational, and social development of the township, in accordance with the major interests, as they exist in the township, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry and commerce. The membership shall also be representative of the entire geography of the township to the extent practical.

(d)

Members of the planning commission shall be qualified electors of the township.

(e)

The township board may remove a member of the planning commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, as defined in the planning commission bylaws, the member shall disclose the potential conflict of interest to the planning commission. The member is disqualified if so provided by the planning commission bylaws. Failure of a member to disclose a potential conflict of interest as required by this subsection constitutes malfeasance in office.

(Ord. No. C-750, § 1, 6-27-11)

(a)

The planning commission shall elect a chairperson, vice-chairperson and secretary from its members and create and fill other offices, as it considers advisable. The township board member of the planning commission is not eligible to serve as chairperson. The term of each officer shall be one (1) year, with opportunity for re-election as specified in the planning commission bylaws.

(b)

The planning commission may appoint advisory committees whose members are not members of the planning commission.

(c)

As provided in the Michigan Zoning Enabling Act, MCL 125.3601, one (1) member of the planning commission shall be appointed by the township board to serve on the zoning board of appeals, with the term of that appointment to correspond to that member's term as a planning commission member.

(Ord. No. C-750, § 1, 6-27-11)

(a)

The planning commission shall adopt bylaws for the transaction of business and shall keep a public record of its resolutions, transactions, findings and determinations.

(b)

The planning commission's procedures shall be in conformity with applicable ordinances, resolutions and policies adopted by the township board.

(Ord. No. C-750, § 1, 6-27-11)

(a)

The planning commission shall hold not less than four (4) regular meetings each year. At its first meeting of the calendar year, the planning commission shall adopt and provide notice of its regular meetings for the ensuing year in accordance with the Open Meetings Act, Public Act 267 of 1976, as amended; provided, however, that a meeting need not be held if pending matters do not warrant a meeting.

(b)

Special meetings may be called by the chairperson or upon written request to the secretary by at least two (2) members of the planning commission. Unless the planning commission bylaws provide otherwise, the secretary shall send written notice of a special meeting to planning commission members not less than forty-eight (48) hours before the meeting. All costs of special meetings held to consider requests of applicants for approvals under the zoning ordinance (or for such other purposes as may be necessary) shall be paid by the applicant for such requests.

(c)

The business that the planning commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, Public Act 267 of 1976, as amended.

(Ord. No. C-750, § 1, 6-27-11)

The members of the planning commission shall have the following principal duties and responsibilities, among others:

(1)

Prepare, review and update a master plan as a guide for development within the township's planning jurisdiction.

(2)

Take such action on petitions, staff proposals and township board requests for amendments to the zoning ordinance as required.

(3)

In accordance with the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended, consider, no less frequently than every five (5) years, whether a revision of the master plan or updated amendments in the master plan are needed and prepare, consider and approve any such revisions or amendments.

(4)

Take such actions as are required by the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended, and the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended.

(5)

Review subdivision and condominium proposals and recommend appropriate actions to the township board.

(6)

Prepare special studies and plans, as deemed necessary by the planning commission or township board and for which appropriations of funds have been approved by the township board, as needed.

(7)

Prepare an annual written report to the township board concerning its operations and the status of planning activities, including recommendations regarding actions by the township board related to planning and development, with the report to be presented within 90 days of the beginning of each calendar year.

(8)

Promote understanding of and interest in the master plan and the township zoning ordinance.

(9)

Carry out other duties and responsibilities as set forth in the Michigan Planning Enabling Act, Public Act 33 of 2008, except the annual preparation of a capital improvements program under MCL 125.3865, from which the planning commission is hereby exempted to the extent it is not exempt under the Charter Township Act, MCL 42.1 et seq., which vests responsibility for planning and budgeting for public structures and improvements in the township board of trustees.

(10)

Exercise all powers and duties of a zoning board, as previously done and hereby confirmed as transferred to the planning commission, as outlined in the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended, and as permitted in Section 11 of the Township Planning Act, Public Act 168 of 1959.

(Ord. No. C-750, § 1, 6-27-11)

All official actions taken by the township planning commission preceding the planning commission established by this division are hereby approved, ratified, and reconfirmed. Any project, review, or process taking place at the effective date of the ordinance from which this division derives shall continue with the planning commission created by this division, subject to other requirements of this division, and shall be deemed a continuation of any previous township planning commission. The ordinance from which this division derives shall be in full force and effect from and after its adoption and publication.

(Ord. No. C-750, § 1, 6-27-11)

The Charter Township of West Bloomfield Environmental Commission is hereby established to form one (1) environmental commission that is empowered and authorized to fulfill the review and approval responsibilities and duties of the wetlands review board and woodlands review board as set forth in the Charter Township of West Bloomfield Code of Ordinances.

(Ord. No. C-792, § 2, 3-24-14)

In order to effectuate this ordinance enacted to form one (1) environmental commission to fulfill the responsibilities and duties of the wetlands review board and woodlands review board as required by ordinance, upon the effective date of this ordinance, all responsibilities, duties, powers, and authority of the wetlands review board and woodlands review board shall be transferred to the environmental commission.

(Ord. No. C-792, § 2, 3-24-14)

(a)

Appointment. The Charter Township of West Bloomfield Environmental Commission shall consist of seven (7) members appointed by the township board. Each member shall be appointed by a majority vote of the members of the township board. An employee or contractor of the township shall not be eligible for appointment to the membership of the environmental commission. Members of the environmental commission shall not hold another township office.

(b)

Alternate. The township board may appoint one (1) alternate member to the environmental commission. The alternate member may be called to serve as a member in the absence of a regular member; or the alternate member may be called to serve as a member in the event a regular member has been excused from participating in a matter for reasons of conflict of interest. The alternate member shall serve in the case until a final decision is made. The alternate member has the same voting rights and responsibilities as a regular member of the environmental commission.

(c)

Initial composition of the commission. Upon adoption of this ordinance, the township board shall select the initial members of the environmental commission, including the alternate member, from persons who hold a current term of office on the wetlands review board or the woodlands review board. Subsequent appointments to the environmental commission shall comply with subsection (d) related to composition of the commission.

(d)

Composition of the commission. The members of the environmental commission shall be selected from persons residing within the township. It is encouraged that members of the commission be selected to represent a variety of experience from the following fields: environmental and natural science; legal; civil and environmental engineering; construction; architecture; land development; surveyor; and other similar fields.

(Ord. No. C-792, § 2, 3-24-14)

The terms of office for members of the environmental commission shall be staggered so that subsequent appointments shall not all recur at the same time. The term of office for initial appointments to the commission, shall be as follows: three (3) appointments to a term of three (3) years; three (3) appointments to a term of two (2) years; and one (1) appointment to a term of one (1) year. All subsequent appointments shall be for a term of three (3) years, except when an appointment is made to fill a vacancy, in which case the term of the member shall be for the duration of the unexpired term. The term of office for appointment to the alternate position shall be for a term of two (2) years. Members shall be eligible for re-appointment to succeeding terms.

(Ord. No. C-792, § 2, 3-24-14)

The commission shall adopt bylaws to govern its procedures that are consistent with this section. The bylaws shall be placed on file with the township clerk.

(1)

Officers. The commission shall elect from its membership a chair, vice-chair, secretary, and assistant secretary, and any other officers the commission deems necessary. The chair shall preside over the meetings and shall vote.

(2)

Meetings. Regular meetings of the commission shall be held at least once per month at a time and place designated by the commission. Within ten (10) days after the first meeting of the calendar year, a notice setting forth the dates, time and place of the regular meetings scheduled for the calendar year shall be posted. If there is a change in the schedule of regular meetings of the board, a notice shall be posted within three (3) days after the meeting at which the schedule was changed stating the changes made. For a rescheduled regular meeting, a notice stating the date, time, and place of meeting shall be posted at least eighteen (18) hours before the meeting. Special meetings of the commission may be called by the chair or secretary of the commission. Notice of the special meeting shall be provided to members of the commission at least forty-eight (48) hours before the special meeting is held, and a notice stating the date, time and place of meeting shall be posted at least eighteen (18) hours before the meeting.

(3)

Compliance with Open Meetings Act. All meetings of the board shall be public and shall adhere to the Open Meetings Act, P.A. 267 of 1976, as amended, MCL 15.261 et seq.

(4)

Quorum/conduct of business. Four (4) members of the commission shall constitute a quorum of the commission. The environmental commission shall not conduct business unless there is a quorum of the commission present.

(5)

Records. The environmental commission shall issue its decisions in writing. The board shall keep minutes in compliance with the Open Meetings Act, P.A. 267 of 1976, as amended, MCL 15.261 et seq. Public records shall be open to the public in compliance with the Freedom of Information Act, MCL 15.231 et seq., and a copy of the minutes shall be filed in the office of the township clerk.

(6)

Voting. Each member of the commission shall be entitled to one (1) vote and each member shall vote on all motions brought before the commission at any meeting at which the member is in attendance, unless the member has a conflict of interest in the matter before the commission and the commission has voted to excuse the member from voting. The concurring vote of a majority of the members present shall be required to approve any matter brought before the environmental commission for approval.

(7)

Conflict of interest. In the event a member has a direct or indirect personal, professional, or financial interest in a matter before the commission, the member shall disclose that the member has a direct or indirect personal, professional, or financial interest. The commission shall then vote on whether the member shall be excused from voting on the matter. If the commission excuses the member from voting, the member shall not participate or vote on the matter before the commission.

(8)

Robert's Rules of Order. Robert's Rules of Order, newly revised, shall apply in all cases to which they are applicable and in which they are not inconsistent with these rules, the commission bylaws, applicable ordinance provisions, and state laws.

(Ord. No. C-792, § 2, 3-24-14)

The environmental commission shall have the power and authority to fulfill the review and approval responsibilities and duties of the woodlands review board and the wetlands review board as set forth in the Code of Ordinances as follows:

(1)

The woodland conservation overlay district found in article 3 of the Charter Township of West Bloomfield Zoning Ordinance; and

(2)

The environmental features setback ordinance found in article 5, section 5.4 of the Charter Township of West Bloomfield Zoning Ordinance; and

(3)

The floodplain, floodway, watercourse, and wetland protection ordinance found in chapter 12 of the Charter Township of West Bloomfield Code of Ordinances; and

(4)

The water supply and sewage disposal systems ordinance found in chapter 24 of the Charter Township of West Bloomfield Code of Ordinances, and the appendix to chapter 24 related to storm water management.

(Ord. No. C-792, § 2, 3-24-14)

Members of the environmental commission may receive per meeting compensation as determined by the township board.

(Ord. No. C-792, § 2, 3-24-14)

The following words, terms, and phrases as used in the Code of Ordinances shall be defined as follows:

Cash bond shall mean the payment of cash by the principal which shall be held by the township as security that the obligation(s) will be completed by the principal in accordance with the requirements of the township ordinances, regulations, approval conditions, permits, contract, or state or federal law. If the obligation is not completed as required, then the cash bond may be used by the township to complete the obligation as required.

Escrow shall mean the deposit of cash funds with the township to pay for the anticipated costs and expenses that will be incurred by the township for (1) services rendered by township consultants, agents, or other independent contractors for a planning, zoning, building, engineering, environmental, or legal review, inspection, plan preparation, survey, or document preparation; and (2) document recording, required mailing and publication of notices, and any costs incurred by the township such as actual administrative, legal, engineering, and enforcement expenses.

Irrevocable standby letter of credit shall mean the written obligation of the bank issuing the letter of credit to pay funds of the bank's customer to the township as beneficiary of the letter of credit upon the township declaring that the bank's customer, the applicant for the standby letter of credit, has defaulted on the performance of its obligation.

Performance security shall mean the monetary or financial guarantee furnished to ensure due performance of an obligation(s) in accordance with the requirements of the township ordinances, regulations, approval conditions, permits, contracts, state or federal law. Performance security includes a cash bond, surety bond, or irrevocable standby letter of credit.

Principal shall mean the person, firm, partnership, proprietor, corporation, or other association that undertakes an obligation to perform an act in accordance with the requirements of the township ordinances, regulations, approval conditions, permits, contract, or state or federal law.

Proprietor refers to the property owner, owner agent, or developer.

Surety bond is a financial guarantee by an insurance or surety company guaranteeing that the principal will perform its obligation(s) to the township in accordance with the requirements of the township ordinances, regulations, approval conditions, permits, contract, or state or federal law. If the principal fails to perform its obligation(s) as required, then the surety shall complete the obligation(s) as required or pay the penal sum on the bond to the township.

Unclaimed property shall mean funds or other property held by the township, less any lawful charges, that remains unclaimed by the owner for more than three (3) years from the date of mailing notice to the owner at the last address furnished by the owner to the township.

(Ord. No. C-441-A, §§ 1, 2, 10-2-23)

(a)

In the event performance security is required by the township to ensure due performance of an obligation to the township, the security shall comply with the following requirements.

(1)

Cash bond. Required performance security shall be in the form of cash or a certified check deposited with the township together with an executed township approved cash bond form. The township may, in the alternative and at its discretion, accept an irrevocable standby letter of credit that complies with the provisions of subsection (2) and is in a form acceptable to the township attorney. If the obligation is not completed as required, then the township shall be authorized to utilize the bond proceeds to complete the obligation as required.

(2)

Standby letter of credit. If the township accepts the required performance security in the form of an irrevocable standby letter of credit, then the letter of credit shall (1) be in a form acceptable to the township; (2) contain the specific required language, deviations will not be accepted; (3) provide that funds shall be payable on demand; and (4) be issued by a state or federally chartered bank with operations or branch services within fifty (50) miles of township hall, unless a demand may be presented via facsimile or electronically in lieu of presentment in person, then operations may be located more than fifty (50) miles from township hall. The standby letter of credit shall be automatically extended until the principal completes the obligation in accordance with all applicable requirements of the township ordinances, regulations, approval conditions, permits, contract, and state or federal law. In the event the principal fails to perform the obligation(s) as required, the township shall be authorized to draw upon the standby letter of credit to complete the obligation.

(3)

Surety bond. Upon approval of the township, performance security required for the construction of underground water and sewer utilities in an amount in excess of one hundred thousand dollars ($100,000.00) may be submitted by surety bond on a township approved surety bond form guaranteeing that the principal will perform its obligation to the township in accordance with all applicable requirements of the township ordinances, regulations, approval conditions, permits, contract, and state or federal law. If the principal fails to perform the obligation as required, then the surety shall complete the obligation as required or pay the penal sum on the bond to the township.

(b)

All original cash bonds, surety bonds, or standby letters of credit shall be maintained in the treasurer's office until expired or no longer in effect, with a copy on file in the department that required the performance security.

(Ord. No. C-441-A, §§ 1, 2, 10-2-23)

(a)

Forfeiture of security. In the event the principal has failed to comply with the applicable township ordinances, regulations, approved plans, all conditions of approval, permits, contracts, or state or federal laws, the township shall issue a notice of default to the principal and to the surety if the performance security is in the form of a surety bond; or to the issuing bank if the performance security is in the form of a letter of credit. The notice of default shall identify the deficiencies to be cured and provide notice that if all deficiencies are not cured within the time specified in the notice, then the performance security shall be forfeited upon issuance of a notice of forfeiture.

(b)

Automatic forfeiture. If, thirty (30) days prior to the expiration of the performance guarantee, the obligation secured by the performance security has not been completed, then the performance security shall be automatically forfeited upon the township issuing a notice of forfeiture to the principal and to the surety if the performance security is in the form of a surety bond; or to the issuing bank if the performance security is in the form of a letter of credit.

(c)

Township's right to complete. Upon forfeiture, the township shall have the authority to complete the obligation as required, including the right to enter property, and to utilize the proceeds of the performance security to complete the obligation in accordance with all applicable requirements of the township ordinances, regulations, approval conditions, permits, contracts, and state or federal law.

(d)

Administrative, legal, and enforcement expenses. The forfeited funds shall also be applied to costs incurred by the township resulting from the principal's failure to complete the obligation as required including actual administrative, legal, engineering, and enforcement expenses. The township shall refund any balance remaining in accordance with section 2-206.

(Ord. No. C-441-A, §§ 1, 2, 10-2-23)

Whenever any performance security is required, the performance security shall continue until satisfactory performance of the obligation, and the security shall be released upon demonstrated compliance with all applicable requirements of the township ordinances, regulations, approval conditions, permits, contracts, and state or federal law, minus costs incurred by the township such as actual administrative, legal, engineering, and enforcement expenses.

(Ord. No. C-441-A, §§ 1, 2, 10-2-23)

(a)

Reimbursement required. The township shall be reimbursed by the proprietor for all expenses incurred for services rendered by township consultants, agents, or other independent contractors providing services for a planning, zoning, building, engineering, environmental, or legal review, inspection, plan preparation, survey, or document preparation. The township shall also be reimbursed for all expenses incurred for document recording, and required mailing and publication of notices, including any actual expenses incurred by the township for administrative, legal, engineering, and enforcement services.

(b)

Establishment of escrow. For purposes of administering this section, the township shall require the deposit of funds with the township to be held in escrow by the township in an amount that the township has estimated will cover the anticipated costs and expenses to be incurred. Reimbursement from the escrow shall be made based upon written documentation of the costs and expenses incurred. Documentation of all reimbursements shall be maintained for inspection.

(c)

Placement of supplemental moneys in escrow. In the event it is determined that the amount held in escrow is or will be inadequate to cover all the costs and expenses incurred by the township, the township shall require that supplemental funds shall be placed in escrow in an amount sufficient to cover reimbursement for the anticipated additional costs and expenses. Failure to submit the supplemental funds is a violation of the ordinance and township review, inspection, and plan and document preparation shall cease until supplemental funds are deposited.

(d)

Disbursement of excess money. To the extent an escrow exceeds the actual costs and expenses incurred by the township, the excess shall be returned pursuant to section 2-206.

(e)

Appeal of decision to township board. In the event a person or entity required to deposit funds in escrow to reimburse the township for costs and expenses incurred is aggrieved by the administration of this section, the person or entity may appeal the requirement to deposit funds, or place supplemental funds in escrow to the township board. The appeal shall be filed within twenty-one (21) days of receiving notice that an escrow, or supplemental funding, is required by submitting a letter or other writing to the township clerk requesting the appeal.

(Ord. No. C-441-A, §§ 1, 2, 10-2-23)

Whenever any escrow or performance security is released, the escrow funds or security, less any lawful charges, shall be returned to the owner by U.S. mail. The return of the escrow funds or performance security shall be conclusively presumed to have been received by the owner if (1) enclosed in an envelope with postage fully paid; (2) addressed to the owner at the last address furnished by the owner to the township; and (3) deposited in U.S. mail. The township is not obligated to conduct a search or attempt to locate an owner who after reasonable effort cannot be reached at the last known address on file with the township. Pursuant to section 3 of the Uniform Unclaimed Property Act, PA 29 of 1995, found at MCL 567.223, escrow funds or performance security not claimed by the owner within three (3) years from the date of mailing shall be deemed to be unclaimed property subject to the requirements of the Uniform Unclaimed Property Act.

(Ord. No. C-441-A, §§ 1, 2, 10-2-23)

This division shall be known and may be cited as the cost recovery ordinance.

(Ord. No. C-647, § 1, 6-2-03)

The ordinance from which this division derives is adopted for the purpose and with the intent of exercising the authority provided by Public Act No. 102 of 1990, as amended, MCL 41.806a., Public Act No. 345 of 1999, as amended, MCL 769.lf., and Public Act No. 451 of 1994, as amended, MCL 324.20101, et. seq., to provide for the payment, reimbursement and collection of fees for the police, fire, medical, rescue and other emergency services provided by the township in certain situations where the township board has determined that the cost of providing those services should be the full or partial responsibility of the persons and/or property that created or caused the need for or otherwise benefited from the services. The township board finds that while a portion of the substantial sums of the taxpayer provided money budgeted and expended for emergency services are properly considered a public expenditure to maintain a readiness to serve the taxpayers of the township and the public at large, the costs of providing emergency responses that benefit specific persons or that are necessitated by unlawful conduct should be recoverable as provided for in this division.

(Ord. No. C-647, § 1, 6-2-03; Ord. No. C-647-B, § 1, 10-5-09)

When used in this division, the following terms shall have the meanings indicated:

(a)

Emergency response means legally authorized or required police, fire, medical treatment or transportation, rescue, environmental cleanup or response, or other services or actions of or by those emergency service providers, including dispatch, that are provided by or at the direction or request of the township in one (1) or more of the following situations:

(1)

When emergency equipment, personnel or services are provided to persons, motor vehicles or property in response to a request or report of the possible need for the emergency equipment, personnel or services.

(2)

When one (1) or more motor vehicles are in an accident involving personal injury.

(3)

In connection with a traffic stop or arrest, or involving a motor vehicle accident where one (1) or more drivers were operating a motor vehicle while impaired by, or under the influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance or any other enumerated offense for which reimbursement expenses may be payable as provided in article VII of chapter 22 of the West Bloomfield Charter Township Code.

(4)

In connection with a violation of one (1) or more of the laws set forth in Section 1f.(1), of Public Act No. 345 of 1999, MCL 769.1f.(1), as amended now or in the future, which pursuant to MCL 42.23, is adopted by reference as an ordinance of the township.

(5)

In connection with a violation of a state or federal law, one (1) or more provisions of the West Bloomfield Charter Township Code, or the ordinances of a unit of government where the township fire department is authorized or required to provide service.

(6)

In connection with a violation of the Michigan Vehicle Code, or any uniform traffic code that is adopted as an ordinance of the township under chapter 22 of the West Bloomfield Charter Township Code, for the offense of operating a motor vehicle without a valid operator's license.

(7)

In connection with a utility emergency, including, but not limited to, downed power lines, gas pipeline breaks or other mishaps occurring in connection with the activities of public or private utilities or their suppliers which necessitates an emergency response or monitoring by the township's police, fire fighting and/or emergency medical/rescue services, or causes damage to public property.

(b)

Emergency response costs means the actual costs incurred by the township, and by any other governmental or intergovernmental entity providing services to the township for or in connection with an emergency response, and includes, but is not limited to:

(1)

The salaries and wages, including overtime pay, of township and other police, fire, emergency medical and other personnel involved in providing the emergency response for time spent in doing so and in the investigation, testing, analysis, supervision, report preparation, enforcement and prosecution of or for the incident that resulted in the emergency response.

(2)

The costs of preserving, collecting, testing and analyzing evidence in connection with the emergency response or incident that resulted in the emergency response, including determining bodily alcohol content and the presence and nature of controlled substances in the blood, breath or urine.

(3)

The costs of all material and equipment used, including the cost of medical supplies lost or expended, in providing the emergency response.

(4)

The costs of the repair or replacement of publicly-owned property (real and personal property), buildings, facilities and infrastructure (such as utilities, roads, sidewalks, safety paths and other infrastructure and public improvements) damaged or destroyed in connection with or as a direct or indirect result of an emergency response situation.

(5)

The costs of the investigation of an emergency response situation and fire fighting, emergency services, cleaning up, inspecting, testing, abating, mitigating, restoring and crowd control at the site of an emergency response.

(6)

The costs for labor and services for which the township had to contract in connection with or as a direct or indirect result of an emergency response situation.

(7)

The cost by any other governmental or intergovernmental entity providing aid or services at the request or direction of the township for an emergency response.

(8)

All other costs incurred in the emergency response, including costs to inspect, secure, test, clean and restore the site of an emergency response to the pre-existing condition.

(c)

Responsible person means any of the following:

(1)

A person who receives emergency fire, medical or transportation or rescue service or other benefit from an emergency response identified in subsections 2-223(a)(1) or (2).

(2)

A person that is convicted or found responsible for a violation of a law identified in subsections 2-223(a)(3), (4), (5) or (6).

(3)

A person whose intentional or negligent actions or omissions created the need for the emergency response and from which the person or their property benefited.

(4)

When the responsible person is a minor under the age of eighteen (18), the parents, guardians or other persons that are legally responsible for the care, custody, control or support of that minor.

(5)

Any person owning, maintaining or operating a railroad for an emergency response involving the railroad.

(6)

A public or private utility whose activities or facilities (including, but not limited to, electric lines, telephone lines, cable lines and pipe lines) necessitated or were the subject of an emergency response.

(Ord. No. C-647, § 1, 6-2-03; Ord. No. C-647-A, § 1, 2-17-09; Ord. No. C-647-B, § 1, 10-5-09)

(a)

A responsible person is personally liable for the emergency response costs of an emergency response.

(b)

Where there is more than one (1) responsible person for emergency response costs, the liability of each responsible person shall be joint and several. The liability constitutes a debt of each responsible person and except as otherwise provided in this division or by law, is collectable by the township in the same manner as an obligation under a contract, express or implied.

(c)

Where a responsible person has an ownership interest in real property that was benefited by the emergency response, the liability of that responsible person shall be secured by a lien on that real property, enforceable as provided in this division.

(d)

The liability of responsible persons for emergency response costs shall be enforceable by reimbursement orders of the Oakland County Circuit Court and the 48th Judicial District Court, with said courts authorized to collect the emergency response costs for the township and charge a service fee for such collection in an amount mutually agreed upon by the courts and the township.

(e)

By resolution, the township board may establish and amend a schedule of emergency response costs for use in determining the hourly or other rates and charges to be used in the calculation of the emergency response costs for which a responsible person is liable. Any such schedule shall be available to the public from the township clerk's office and every other township department involved in the administration of this division.

(f)

If an emergency response relates to or involves a hazardous materials incident, to the extent the Michigan Natural Resources and Environmental Protection Act (being MCL 324.20101 et seq.) or any other law preempts the cost recovery provisions of this division, the liability for and recovery of costs of the emergency response shall be governed by the Michigan Natural Resources and Environmental Protection Act or such other law, and the township may pursue collection of such costs of the emergency response in a civil action, pursuant to said laws.

(Ord. No. C-647, § 1, 6-2-03; Ord. No. C-647-B, § 2, 10-5-09)

(a)

Subject to subsection (f), once the amount of a responsible person's liability for emergency response costs has been determined, that amount shall be billed to the responsible person and/or their insurance company(s) by an official, employee, department or agent of the township, as designated and provided in a resolution or contract approved by the township board. The bill shall be in writing and contain a description of the emergency response costs that are payable.

(b)

Unless different methods, procedures or requirements are provided for in a township board approved resolution or contract, bills for emergency response costs shall be delivered by first class mail or personal service and shall require full payment within thirty (30) days from the date of service. For this purpose, if the bill is sent by first class mail, the date of service shall be deemed to be two (2) business days following the date of mailing.

(c)

If the township intends to enforce the responsible person's liability by claiming the lien on real property as provided for in subsection 2-224(c), that claim and the affected property shall be identified in or by separate attachment to a bill that is served by a township official, employee or department as provided in subsection (b) above.

(d)

Interest shall accrue and be payable for all emergency response costs that are not timely paid at the annual rate of five (5) percent, compounded annually.

(e)

If the responsible person is on court probation or subject to pending court proceedings for an incident for which the emergency response costs were incurred, a copy of the bill shall be submitted to the applicable court.

(f)

Subject to the limitations in this section, failure to pay a bill for emergency response costs within the time required shall be considered as a civil default, authorizing the township to pursue any or all of the remedies provided in section 2-226. A responsible person shall not be directly billed or responsible for emergency response costs not paid for by their insurance for the emergency responses defined in subsections 2-223(a)(1) and (a)(2), and shall not be considered to be in civil default or subject to the remedies in section 2-226, for nonpayment of those emergency response costs if they are: (i) a resident and taxpayer of the township; (ii) a relative of a resident taxpayer of the township and permanently residing with that taxpayer; or (iii) a student under the age of twenty-two (22) and child of a resident taxpayer of the township.

(Ord. No. C-647, § 1, 6-2-03)

The township may do one (1) or more of the following if there is a failure to timely pay emergency response costs in response to a bill under section 2-225:

(1)

If the responsible person was ordered by a court to pay all or any portion of those emergency response costs the failure to pay may be reported by the township to the applicable court with a request that it be considered as a violation of any probation the responsible person may be on.

(2)

The township may commence a civil action to recover the unpaid amounts and accrued interest, with the responsible person liable for all of the township's actual costs, expenses and attorney fees in doing so.

(3)

If the township provided notice of its claim that the responsible person's liability was secured by a lien on real property as provided for in subsection 2-224(c), the unpaid amounts may be placed on the tax roll for collection in the same manner and subject to the same interest and penalties applicable to delinquent special assessments.

(d)

The township may treat the failure to pay as an ordinance violation as provided in chapter 1 of the West Bloomfield Charter Township Code, specifically subsection 1-10(a).

(Ord. No. C-647, § 1, 6-2-03; Ord. No. C-647-B, § 3, 10-5-09)

This division shall be known and may be cited as the tax billing collection ordinance, which has been adopted for the purpose of authorizing the placement of amounts owed to the township on tax bills prior to certification on the township tax roll as a cost effective additional notice to property owners of payment obligations that is intended to increase payments and reduce the costs to the township and taxpayers that result from collection on the tax roll.

(Ord. No. C-744, § 1, 5-17-10)

When used in this division, the following terms have the meanings indicated:

(1)

Delinquent means any portion of a township charge that has not been paid to the township within the time allowed for payment by the ordinance under which the township charge was incurred, assessed or imposed, and if no such time is specified in the ordinance, that has not been paid within seven (7) business days of the township's written billing or invoice for the charge to the responsible person.

(2)

Tax bill means the summer and winter tax bills collected by the township treasurer.

(3)

Township charge means a charge, fee, cost, expense, assessment or other amount that is owed to and has been billed by the township under any ordinance for, in connection with or related to the use, occupancy or condition of a parcel of real property.

(Ord. No. C-744, § 1, 5-17-10)

(a)

Subject to the conditions in this section, the township assessor shall include delinquent township charges on the tax roll for the parcel of real property to which those charges relate, for billing as provided in this section.

(b)

For delinquent township charges to be included on a tax roll for billing, the township officer or department that administers and enforces the ordinance under which the township charges are owed, shall provide written certification of the delinquent township charges and tax parcel number of the real property to which they relate to the township assessor by May 30 for summer tax bills and October 30 for winter tax bills, to allow time for inclusion on the tax roll for those bills in the time and manner required by law.

(c)

Interest and penalties shall not be assessed for the placement of delinquent township charges on a tax bill. The interest and penalties that can be avoided by paying the delinquent township charges before they are certified to the township tax roll may be identified.

(d)

Delinquent township charges included on tax roll for billing shall be identified separate from the taxes on the bill and shall be noted as payable to the township.

(e)

The placement of delinquent township charges on a tax bill does not prohibit, limit or restrict collection of the charges by the township through any other remedy or procedure provided by law or in the ordinance under which the charges are owed.

(f)

Delinquent township charges placed on a tax bill, but not paid prior to the date that those charges may be certified to the township tax roll for collection, shall be so certified with the addition of interest and penalties as provided by law or in the ordinance under which the charges are owed.

(Ord. No. C-744, § 1, 5-17-10)

As used in this division, the following words and phrases have the meanings indicated:

(1)

MMMA means the Michigan Medical Marihuana Act, which has been codified at MCL 333.26421, et seq.

(2)

Marihuana enterprises, businesses, and facilities means the use of land, buildings, and structures for non-residential uses of medical marihuana, including but not limited to growing, cultivating, manufacturing, producing, compounding, converting, storing, transferring, processing, packaging, dispensing, and distribution of medical marihuana.

(3)

Marijuana or marihuana means marihuana as defined in the MMMA, the State Public Health Code, MCL 333.7101, et seq., and the Federal Controlled Substance Act, 21 USC 801 et seq.; the Medical Marihuana Facilities Licensing Act, P.A. 281 of 2016; and the Marihuana Tracking Act, P.A. 282 of 2016.

(4)

Marihuana Tracking Act means Public Act 282 of 2016.

(5)

Medical Marihuana Facilities Licensing Act means Public Act 281 of 2016.

(Ord. No. C-754, § 1, 8-15-11; Ord. No. C-754-A, § 1, 12-5-16)

The township board finds:

(1)

When enacted, the Michigan Medical Marihuana Act (MMMA) did not provide regulations as to where and on what conditions marihuana enterprises, businesses, and facilities may be located, prohibited, or regulated under local government zoning and/or police power authority; and did not provide police agencies with any meaningful ability to distinguish medical marihuana use under the MMMA from conduct that is illegal under federal and state controlled substance laws.

(2)

On September 22, 2016, the Medical Marihuana Facilities Licensing Act was enacted by the state to license and regulate marihuana facilities as defined in the Act.

(3)

The Medical Marihuana Facilities Licensing Act requires the state to establish a licensing board and an advisory panel; to promulgate rules for the administration, implementation, and enforcement of the Act; to establish a state-wide monitoring system; and authorizes applicants to apply for a state license beginning three hundred sixty (360) days after the effective date of the Act (December 20, 2016).

(4)

The Medical Marihuana Facilities Licensing Act authorizes local governments to adopt ordinances related to medical marihuana facilities within their jurisdiction.

(5)

On September 22, 2016, the Marihuana Tracking Act was also enacted to require the establishment of a state-wide monitoring system to track marihuana grown, processed, transferred, stored, or disposed of under the Medical Marihuana Facilities Licensing Act.

(6)

It will take time for the state and local municipalities to implement the Medical Marihuana Facilities Licensing Act and the Marihuana Tracking Act.

(7)

It would be counterproductive to approve the operation of marihuana enterprises, businesses, and facilities within the township while the state establishes a licensing board and an advisory panel; promulgates rules for the administration, implementation, and enforcement of the Act; and establishes a state-wide monitoring system.

(8)

It would be counterproductive to approve the operation of marihuana enterprises, businesses, and facilities within the township while the township studies the application and impacts of the medical marihuana laws; and studies and develops regulations to protect the public health, safety, and welfare of the township and its residents applicable to marihuana enterprises, businesses, and facilities.

(9)

The township must take measures to study, promote, and provide for the long term development of the township in a manner that is consistent with the overall character and planning of the township, and to take measures to avoid the approval of any land use that may undermine the overall character and planning of the township.

(10)

The consideration of rezoning, special land use, site plan, change of use, zoning compliance or other proposals related to marihuana enterprises, businesses, and facilities before the implementation of the Medical Marihuana Facilities Licensing Act and the Marihuana Tracking Act is premature and could result in the establishment of uses that do not comply with new state regulations, that may be inconsistent and incompatible with the township's planning and zoning objectives, and that may not promote the health, safety, and welfare of the township and its residents.

(11)

It is of major importance for the future overall development of the township to ensure that only lawful and reasonable land uses are authorized in the township and that the purpose, goals, and objectives of the master plan are implemented.

(12)

There is a need to adopt a moratorium on marihuana enterprises, businesses, and facilities while the state establishes a licensing board and advisory panel; promulgates rules to administer, implement, and enforce the Act; and establishes a state-wide monitoring system; and while the township studies the application and impacts of the medical marihuana laws; and considers and develops consistent and cohesive land use standards that implement the purpose, goals, and objectives of the master plan; and develops and adopts regulatory standards applicable to marihuana enterprises, businesses, and facilities for the protection of the public health, safety, and welfare of the township and its residents.

(Ord. No. C-754, § 1, 8-15-11; Ord. No. C-754-A, § 1, 12-5-16)

A moratorium on marihuana enterprises, businesses, and/or facilities is hereby established from the effective date of this ordinance until December 31, 2018 while the state takes measures to implement the Medical Marihuana Facilities Licensing Act and the Marihuana Tracking Act; and while the township studies the application and impacts of the medical marihuana laws; and considers and develops consistent and cohesive land use standards that implement the purpose, goals, and objectives of the master plan; and develops and adopts regulatory standards applicable to marihuana enterprises, businesses, and facilities for the protection of the public health, safety, and welfare of the township and its residents. During the period of this moratorium, there shall be no consideration or action taken by the township, any elected or appointed official, or any employee on a request for consideration, review, or action on any application, permit, request for zoning compliance or certificate of occupancy to operate a marihuana enterprise, business, and/or facility.

(Ord. No. C-754, § 1, 8-15-11; Ord. No. C-766, § 1, 8-20-12; Ord. No. C-782, § 1, 10-7-13; Ord. No. C-782-A, § 1, 9-15-14; Ord. No. C-782-B, § 1, 5-18-15; Ord. No. C-782-C, § 1, 12-7-15; Ord. No. C-754-A, § 1, 12-5-16; Ord. No. C-754-B, § 1, 12-18-17)

During the period of a moratorium established in this division, an aggrieved property owner or business petitioner may request and be entitled to a hearing before the township board for the purpose of attempting to demonstrate that the moratorium will preclude all viable economic use of their property or otherwise violate applicable provisions of state or federal law. A hearing shall be requested in a written submittal to the township clerk that describes the grounds for the request and will be scheduled for the next regular township board meeting. Upon concluding a hearing, the township board shall determine whether the petitioner has made the required demonstration, and if so, shall grant relief from the moratorium to the extent necessary to cure that effect or violation.

(Ord. No. C-754, § 1, 8-15-11; Ord. No. C-754-A, § 1, 12-5-16)